The court shall examine all parties and witnesses and shall take all evidence, as far as it reasonably can, not only as to the facts alleged in the petition, but also as to whether or not the petitioner has been in any manner an accessory to the offense alleged, has connived with the respondent in the commission of the offense alleged, or has condoned the same. The court may also inquire into any countercharge which may be made against the petitioner and upon conclusion of all the testimony in the suit or proceeding, the court shall determine the issue therein upon the merits.

(a) Except as provided in subsection (b), the petition shall be dismissed if upon the evidence presented the court finds any of the following:

(1) that it has not been established that either the petitioner or respondent has been a bona fide and continuous resident of American Samoa for at least one year next preceding the commencement of the action or proceeding;

(2) that the petitioner has failed to prove the charge alleged in the petition;

(3) that the petitioner has, during the marriage, been an accessory to the offense, or connived with the respondent in the offense alleged in the petition;

(4) that the petitioner has been guilty of collusion with the respondent in presenting the petition or in the trial of the action or proceeding;

(5) that the petitioner has condoned the act or acts complained of in the petition.

(b) If the petitioner seeks a divorce under paragraph (5) of 42.0202, then paragraphs (a) (3) through (a) (5) are not grounds for dismissal of the petition.

If the court is satisfied from the evidence presented that the case of the petitioner has been proved, and finds that there is no legal ground why the petition should not be granted, the court may decree judicial separation or dissolution of the marriage accordingly.

When the divorce, separation or annulment is granted, the court may make a division of, or order with respect to, the property of either or both of the parties as it deems fair and proper and order for the custody, care, maintenance and support of the minor children of the parties.